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Primary 6Theme 2Unit 2

Theme 2 Unit (3) Obeying the Law

In this unit, Kei Kei expresses his wish to be a judge. This brings out that the Basic Law states that the Hong Kong Special Administrative Region (HKSAR) enjoys the independent judicial power (having independent law courts), including that of final adjudication. This realizes the spirits of “one country, two systems” and “a high degree of autonomy”. The design of the learning materials in this unit is based on the relevant articles in Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region and The Judiciary in Section 4 of Chapter IV: Political Structure, of the Basic Law. The key learning points are as follows:

Learning Activity: Who Makes Judgment?✧ Students know that the Government of the HKSAR enjoys the independent judicial power,

including that of final adjudication.✧ Students know that the HKSAR may keep the law as long as it does not contravene the

Basic Law.✧ Students know that the appointment and requirements of judges of the HKSAR follow the

principle of “Hong Kong people ruling Hong Kong”.✧ Students know that except national laws in Annex III of the Basic Law, other national laws

are not applied in the HKSAR.

The suggested learning time for this unit is 1 hour 30 minutes.

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Key Learning Points:✧ Students know that the Government of the HKSAR enjoys the independent judicial power, including

that of final adjudication.✧ Students know that the HKSAR may keep the law as long as it does not contravene the Basic Law.✧ Students know that the appointment and requirements of judges of the HKSAR follow the principle of

“Hong Kong people ruling Hong Kong”.✧ Students know that except national laws in Annex III of the Basic Law, other national laws shall not

be applied in the HKSAR.

Suggested Learning Time:1 hour 30 minutes

Procedures:

Learning Activity: Who Makes Judgment?

Learning Experiences Relevant Materials

(1) Introduction➢ Teachers make use of judges’ pictures or news clips/videos of courts to

bring out that there are different kinds of law courts in Hong Kong, and there are different kinds of judicial officers in the judiciary.

(2) Development➢ Teachers explain the story that Kei Kei wishes to be a judge in the future

(Appendix 1) and allow students to understand that the HKSAR enjoys the independent judicial power (having independent courts), including that of final adjudication, under the principle of “one country, two systems”; except for the changes arising from setting up the Court of Final Appeal, Hong Kong may practise the previous judicial system.

➢ Students discuss the relevant questions according to the PowerPoint.➢ Students consolidate learning by answering the questions concerning the

judicial system and the judiciary of Hong Kong (Appendix 2).

(3) Brief Summary➢ According to the Basic Law, the HKSAR not only has the executive power

and law-making power, but also the independent judicial power, including that of final adjudication.

➢ The HKSAR sets up the Court of Final Appeal, the High Court, the District Courts, the Magistrates’ Courts and other specialized courts. The High Court consists of the Court of Appeal and the Court of First Instance. These courts are the judiciary of the HKSAR.

➢ After China resumed the exercise of sovereignty over Hong Kong, the HKSAR could keep all the laws that do not break the Basic Law. This realizes the spirits of “one country, two systems” and “a high degree of autonomy”.

➢ The courts shall pass legal cases about national defence and foreign affairs to the Central People’s Government. This realizes the sovereignty that the State has resumed to exercise over Hong Kong.

• PowerPoint:Kei Kei’s Wish

• Appendix:Test Yourself

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Tips for Teachers:1. It is good for teachers to browse the website of the Hong Kong Judiciary and understand the relevant

information beforehand in order to be well prepared to answer students’ questions.2. A teacher or a student may read aloud the questions in the PowerPoint of the story. Alternatively, a

pair of students may take turns for a rendition on the questions with teachers’ explanation whenever necessary.

Online References for Teachers:• Hong Kong Judiciary

http://www.judiciary.gov.hk/en/index/index.htm

Relevant Articles of the Basic Law:• Article 2

The National People’s Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.

• Article 8 The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region.

• Article 18 The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region.

National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region.

The Standing Committee of the National People’s Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the Region. Laws listed in Annex III to this Law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law.

In the event that the Standing Committee of the National People’s Congress decides to declare a state of war or, by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security and is beyond the control of the government of the Region, decides that the Region is in a state of emergency, the Central People’s Government may issue an order applying the relevant national laws in the Region.

• Article 19 The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that of final adjudication.

The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Hong Kong shall be maintained.

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The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign affairs. The courts of the Region shall obtain a certificate from the Chief Executive on questions of fact concerning acts of state such as defence and foreign affairs whenever such questions arise in the adjudication of cases. This certificate shall be binding on the courts. Before issuing such a certificate, the Chief Executive shall obtain a certifying document from the Central People’s Government.

• Article 80 The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region.

• Article 81 The Court of Final Appeal, the High Court, district courts, magistrates’ courts and other special courts shall be established in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of Appeal and the Court of First Instance.

The judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region.

• Article 82 The power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal.

• Article 83 The structure, powers and functions of the courts of the Hong Kong Special Administrative Region at all levels shall be prescribed by law.

• Article 85 The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions.

• Article 86 The principle of trial by jury previously practised in Hong Kong shall be maintained.

• Article 88 Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors.

• Article 90 The Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country.

In the case of the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to following the procedures prescribed in Articles 88 and 89 of this Law, obtain the endorsement of the Legislative Council and report such appointment or removal to the Standing Committee of the National People’s Congress for the record.

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Appendix 1Kei Kei’s WishContents of the PowerPoint

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Read the following information carefully and put a next to the sentences with the correct descriptions of the judicial system and the judiciary in Hong Kong.

The HKSAR enjoys the independent judicial power, including that of final adjudication, to process cases within its area of autonomy.

Law courts at all levels exercise independent judicial power of the HKSAR.

The jury system is removed in the HKSAR.

The Chief Justice of the Court of Final Appeal of the HKSAR must be a Chinese citizen who is a permanent resident of the Region with no right of abode in any foreign country.

The laws of Hong Kong may be kept if they do not contravene the Basic Law.

The HKSAR and the mainland keep contact and have mutual assistance with each other in judicial matters.

The judges of the law courts of the HKSAR are appointed by the Central People’s Government.

The courts of law of the HKSAR have no jurisdiction (power to interpret and apply the law) on national matters, such as national defence and foreign affairs.

The judiciary of the HKSAR has the function and power to make laws.

The judges of the law courts of the HKSAR shall be recommended by an independent committee of local judges, the legal circle and other famous people, and shall be appointed by the Chief Executive.

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Primary 6Theme 2Unit 3

Primary 6Theme 2Unit 3

Appendix 2Test Yourself

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Read the following information carefully and put a next to the sentences with the correct descriptions of the judicial system and the judiciary in Hong Kong.

The HKSAR enjoys the independent judicial power, including that of final adjudication, to process cases within its area of autonomy.

Law courts at all levels exercise independent judicial power of the HKSAR.

The jury system is removed in the HKSAR.

The Chief Justice of the Court of Final Appeal of the HKSAR must be a Chinese citizen who is a permanent resident of the Region with no right of abode in any foreign country.

The laws of Hong Kong may be kept if they do not contravene the Basic Law.

The HKSAR and the mainland keep contact and have mutual assistance with each other in judicial matters.

The judges of the law courts of the HKSAR are appointed by the Central People’s Government.

The courts of law of the HKSAR have no jurisdiction (power to interpret and apply the law) on national matters, such as national defence and foreign affairs.

The judiciary of the HKSAR has the function and power to make laws.

The judges of the law courts of the HKSAR shall be recommended by an independent committee of local judges, the legal circle and other famous people, and shall be appointed by the Chief Executive.

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Primary 6Theme 2Unit 3

Primary 6Theme 2Unit 3

Test YourselfAnswers